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    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
    • I have received an email in the last 10 minutes 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024  It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?
    • I've received this notice to keeper. I work for the NHS and was delayed due to patient care. I park here regular and and have never had any issues. I've looked at the evidence on the portal and other than showing that i entered at 12.59.33 and departed at 17:14:14 it doesn't state how long i overstayed for. I paid for 4 hours parking over the phone which i wont have done till i got parked but as its over the phone i have no receipt or record but it is not possible for me to have been in excess of 15mins from the photos alone but I'm unsure having read other threads whether grace periods are 10 or 15 minutes. I havent appealed yet but and was about to but in appealing i'm showing i'm the driver which i gather is something you state we must never do. I don't like confrontation but £60 seems extortionate. Hope you can help. 🤞 1 Date of the infringement 30th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 30th May 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No reference to schedule 4 just says"...we the creditor reserve the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012." 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up NA 7 Who is the parking company? Carpark securities 8. Where exactly [carpark name and town] Northgate, Halifax Former Dews Car Park HX1 1XJ For either option, does it say which appeals body they operate under. IAS There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   Notice to Keeper.pdf
    • It never seems to amaze me how the chuckleheads think that No Stopping can ever offer a contract when it is prohibitory. In any case you did not accept the contract by entering the land, you entered the land to get to the airport for goodness sake. In most car parks there is a Consideration period that allows motorists to decide whether they want to stay in the car park . Here on a road, there is no consideration period and whether the motorist finds the terms agreeable or not even assuming that they are able to understand that they are being hoodwinked into believing they are being offered a  contract they cannot turn back. They have a plane to catch and even if they did turn back because they didn't accept the  No Stopping term of   the so called contract they would still have had to stop to turn around. Plus there is a question of Frustration of Contract. You had to stop at a pedestrian crossing .    
    • Just a couple paragraphs their WS that it might be useful to refer to specifically in the OP's WS... Para 6 A contract was formed with "the driver" of the vehicle. Para 8 "The driver" accepted the contract. (The "driver" is not named, or identified anywhere in the WS). Para 7 WHY would there ever be a "no stopping" restriction in a car park? (In Para 10, they specify that it is a "car park"). Para 11 "The Defendant" became liable." Again, they have not shown that the Defendant was "the driver", simply the keeper. Para 20 "It is a matter of agreement"? Not really sure what they're trying to say here...
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Duffers mum v Sainsburys Bank


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  • 3 weeks later...

Well i made the decision to not reoffer my F&F to them and today i've received another letter from them headed "Pre-Visit Notification" No further notice will be given... if i don't contact them within 48 hours they MIGHT commence legal proceedings, or a doorstep agent will be calling...well i'll let the dogs know i'm sure they'll be delighted to welcome them...should i get the posh china out ready?

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  • 1 month later...

Have been checking my credit file and have noticed that Cabot do not seem to have added their 12+% interest for the past three months, wondering what I should read into this...I don't think for a minute they've given up, could it be a clue to maybe their instigating legal action?

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May be they have stopped as a ''gesture of goodwill'':lol: or more likely it's not been processed.

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  • 3 weeks later...

Update: After Cabot passing this over to Fire, who i've ignored, they stopped adding interest (which is one good thing I guess after adding over £2K), today i've received a letter saying Cabot have now passed this onto Quantum and if they don't have any success it will be passed to Wright Hassall, a firm of solicitors. Are Quantum the next desk down from Fire in the Cabot Office? Quantum's letter (ahem) which came in the same envelope as the one from Cabot, using the same type face and numbering down the side of the page, says I should contact them with a realistic offer blah blah blah...

 

Can anybody give me some idea of what the likely next course of action will be? Should I contact them with a "without prejudice" F&F even though i can't afford to, or should I just ignore them?

 

Thanks :)

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This will just go round in circles I think until Cabot get fed up and farm it out to another DCA.

 

An F& F starting at no more than 10 % of the balance at first giving room to negotiate together with your terms:

 

1. The remaining balance will not be sold or assigned to any 3rd party.

2.ALL CRA entries to be marked satisfied.

3.You require written confifmation of the offer within 7 days.

Send to the Compliance Manager by RD.

 

foget the without prejudice as if this did go to litigation you will no be able to show ypu have tried to settle.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Thank you for that...i would like to think that if Cabot were sure they could get something out of me they would have taken it to court by now...but I could be totally wrong on that one! I offered 10% to Cabot a year or so ago and they refused it and carried on adding the interest/charges each month...as metnioned at least they appear to have stopped the adding of interesting over the past 4/5 months, probably realising they were just adding to something which would not be paid.

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On what basis are they adding the interest ? Have they provided a copy of the agreement that states they are permitted to do so ?

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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On what basis are they adding the interest ? Have they provided a copy of the agreement that states they are permitted to do so ?

 

From what I can see of the agreement there is nothing in there that permits it (I think a copy is further back on this thread somewhere)..not that something like that would ever stop Cabot doing whatever they want to do. Am I right in thinking if I send a without prejudice letter it would not restart the statute barred clock? Not that it is SB for a few years yet though unfortunately :(

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TBH, I really dont know the answer to that one.

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You should not use with out prejudice, if this was to go to court you bwould not be able to show that you had attempted to settle.

An offer on an exgratis basis admitting no liabilit is a different matter.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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NO the OFT says an admission is an ''unequivocal written axknowledgment or payment'' that's why I suggested the exgratia payment with no admission of liabilty.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Thank you for the clarification :) I tried to add to your reputation but apparently I have to share the love around a little ;) I will wait and and see what letters are forthcoming before making my decision...I really don't want to start the letter merry go round cycle again!

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no problems glad to be of help, if you decide to try the F&F let me know and I' ll draft it for you.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 4 weeks later...
Update: After Cabot passing this over to Fire, who i've ignored, they stopped adding interest (which is one good thing I guess after adding over £2K), today i've received a letter saying Cabot have now passed this onto Quantum and if they don't have any success it will be passed to Wright Hassall, a firm of solicitors. Are Quantum the next desk down from Fire in the Cabot Office? Quantum's letter (ahem) which came in the same envelope as the one from Cabot, using the same type face and numbering down the side of the page, says I should contact them with a realistic offer blah blah blah...

 

Can anybody give me some idea of what the likely next course of action will be? Should I contact them with a "without prejudice" F&F even though i can't afford to, or should I just ignore them?

 

Thanks :)

 

Further to this post above I received absolutely nothing from Quantum but have today received a letter from Wright Hassall saying they understand I may currently have a charging order in place on our property! Anyway they go on to say they have been instructed by Quantum blah blah....Unless I contact them within the next 10 days they MAY obtain a copy of my credit report which they will review in order to obtain a better understanding of my finances and my credit file will help them understand what assets I have (no it wont), my current employment status (umm no it wont) and my ability to repay. Based on this information they will assess the potential for any further enforcement action.

 

So..what should I do...contact them? Ignore them? Stick my head in the sand? I've not heard much about this firm of "solicitors" so any information anybody can provide would be greatly appreciated.

 

Thanks

DM

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Yes, Quantum and Right Hassle are all part of the same group.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Further to this post above I received absolutely nothing from Quantum but have today received a letter from Wright Hassall saying they understand I may currently have a charging order in place on our property! Do you have a charging order on the property ??

 

Anyway they go on to say they have been instructed by Quantum blah blah.... How nice for them !

 

Unless I contact them within the next 10 days they MAY obtain a copy of my credit report which they will review in order to obtain a better understanding of my finances and my credit file will help them understand what assets I have (no it wont), my current employment status (umm no it wont) and my ability to repay. This sounds scary doesnt it ? Silly beggars are probably on speed dial with the Credit Agencies.. and will already have an up to date copy of your file..

 

Based on this information they will assess the potential for any further enforcement action.

So..what should I do...contact them? Ignore them? Stick my head in the sand? I've not heard much about this firm of "solicitors" so any information anybody can provide would be greatly appreciated.

 

Thanks

DM

 

Give me a few minutes to catch up on the thread, see what you need to do, if anything.. !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Personally I would not even think of offering any F&F until they comply with your s 78 request. They will just smell blood and pester you more.

 

What charges have they added? They can’t add anything if there’s no T&Cs to say they can. Idiots.

 

Have a read up of Carey v HSBC to determine what they have to supply –*it’s not ALL variants of T&Cs, just those applicable when the account was opened and those applicable when it was terminated. If they are recons, they MUST have your name and address on there, EXACTLY as they were when you took out the alleged agreement and also those in force when (if?) the account was terminated.

 

They cannot enforce while they remain in breach of a valid s 78 request – Phoenix Recoveries v Devendra Kotecha [2011] refers.

 

From what I can see, the situation remains the same as it did back when donkeyB posted the above.

 

To fully comply with an s78 request they need to send..

 

copy of the agreement or truthful reconstruction

terms and conditions that were applicable at the time of inception and at default (if any variations then they should be sent as well)

Statement of account.

 

From what you are saying at the time of entering into the agreement you were not provided with terms and conditons and I notice others have advised that the agreement did not appear to have any prescribed terms.

 

2 x Default notices sent are a joke and I am not sure when it came into force.. but I think the 2nd one should have contained a copy of an OFT notice and a statement to that effect contained within the DN.

 

Cabot are adding charges, even though there appears to be no clause allowing them to do this.

 

In between the receipt of the first DN before they issued the 2nd, did you make any payments ?

 

I notice you offered them a F&F at some point which was refused. I am assuming your offer was made minus any charges that had been added ?

 

Can you please edit, scan and post up the latest missive from Right Hassle, please :) Follow instructions below and you should have no problems.

 

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Citizen..thank you :) will post up the right hassle rubbish when I get home later..and in answer to your question there is no charging order. Not sure if I made any payments between the two DN, but I may have as I was making token payments to Sainsburys before they farmed it out to Blair Orrible and Stupid. Charges have now not been added for the past 3/4 months which is good at least, but the balance is still £2K more than when Cabot bought it.

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